Dwain Chambers will not find out if his lifetime Olympics ban will be lifted until tomorrow, the High Court judge hearing his case confirmed today.

The sprinter is seeking a court order to temporarily suspend a ban on competing in Games events imposed by the British Olympic Association (BOA) because of his past use of performance-enhancing drugs.

Jonathan Crystal, representing the 30-year-old athlete, is trying to convince Mr Justice Mackay that the BOA bylaw is unfair, contrary to competition law and an unreasonable restraint on trade.

But after hearing Crystal’s arguments in favour of Chambers being allowed to compete in Beijing next month, Justice Mackey confirmed there would be no decision until tomorrow.

Mr Crystal, an expert on sports law, told the court this morning Chambers was eligible and welcome to compete next month in Beijing according to the International Olympic Committee.

‘He represents our best chance of a podium finish in the 100 metres in Beijing,’ he said.

‘There would be no restriction to his selection for any other nation, save possibly Denmark and China.’

He has already qualified to compete in the Olympics after winning the 100 metres trials in Birmingham last Saturday and setting his best time of the year of 10.00 seconds.

His attempt to win an injunction suspending the by-law before a full trial of the issues in March next year will be a test of the rule which bans those who have used performance-enhancing drugs from the British team unless there are mitigating circumstances.

Chambers knew that, having served a two-year suspension for using the designer steroid tetrahydrogestrinone (THG), there was no hope in pursuing the mitigating circumstances route through the BOA.

Mr Crystal told the judge today that after the selections were announced on Monday, no athlete in direct competition with Chambers will miss out on going to Beijing if he is allowed to compete.

‘He has completed the sanction imposed on him – two years’ ineligibility in conformity with the World Anti-Doping Code. This application does not set out to beat the sanction system,’ he said.

Mr Crystal said Chambers was now striving to be able to take part in the Olympics and ‘bring home success’.

He claimed there was no instance of a suspended athlete returning to competition being denied a chance to compete in the Olympics other than by inadequate performance.

‘He demonstrated five days ago what he could achieve as a ‘clean’ athlete. No stronger message could be sent to those doping or considering it.’

Mr Crystal said the bylaw ‘promotes inconsistency and denies rehabilitation’.

Chambers’ application is being opposed by the BOA at the one-day hearing.

Smartly-dressed in a suit, Chambers, 30, sat just a few seats away from BOA chair Lord Moynihan as both quietly listened to legal arguments.

The BOA bylaw was passed in March 1992 and modified in 2001 and 2004.

Mr Crystal also branded an assessment within the BOA’s argument of Chambers’ possible performance at the Games as ‘miserly’.

He said: ‘As things stand he has consistently demonstrated both before his suspension and subsequent to his suspension, that he is likely to be regarded as the man most likely to get out of this building faster than anyone else.’

Mr Justice Mackay asked whether he needed to come a decision about Chambers’ hopes of getting on to the winners’ rostrum in Beijing.

Noting that it ‘is cold hard fact’ that nine men this year have run the 100m faster than Chambers, he asked: ‘Do I have to find that there is a probable case that he will win one of the three medals?’

Mr Crystal replied: ‘Mr Chambers, if he does not go to Beijing, he walks into the sunset because that is how he will be seen.

‘If he does go to Beijing, that will be a springboard for further opportunities.’